Preliminary Injunction on Implementation of Fair Pay and Safe Workplaces Executive Order 13673
October 26, 2016
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DATE: October 26, 2016
TO: Procurement Directors/Contracting Officers
FROM: Chief
Contract and Financial Assistance Policy Division
Office of Policy
Office of Acquisition Management
SUBJECT: Preliminary Injunction on Implementation of Fair Pay and Safe
Workplaces Executive Order 13673
SUMMARY: On October 24, 2016, the United States District Court for the
Eastern District of Texas granted a preliminary injunction suspending
implementation of Executive Order 13673 (EO) and its Federal Acquisition
Regulation (FAR) Rule and corresponding Department of Labor (DOL) Guidance
until a final decision on the merits. The Rule and Guidance had been scheduled to
go into effect starting on October 25, 2016. Thus, until further notice, no
solicitations or contracts should be issued with the FAR provisions or clauses
required by the FAR Rule. We will keep you apprised as to the course of the
litigation on the merits of the injunction. However, if the injunction is lifted,
federal contracting personnel and contractors will need to quickly move to
implement the Rule’s requirements. Consequently, Departmental and contractor
personnel should continue to familiarize themselves with the Rule’s requirements
and contents. GC-63 and MA-61 will continue to monitor the status of the case
and apprise you accordingly.
Questions about status of the case should be directed to your local counsel and
GC-63. The Office of Federal Procurement Policy (OFPP) Memorandum and the
District Court’s decision is attached to this Policy Flash for your reference.
Attachments